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This is the first commentary on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), analyzing the Convention article by article. Each chapter provides an overview of an article's negotiating history, interpretation, and all the relevant case law, including decisions and recommendations by the CEDAW Committee.
The Convention was adopted by the UN's General Assembly in 1979 and entered into force in 1981. It amplifies some of the existing provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Its provisions include obligations for states to pursue policies for eliminating discrimination against women in the areas of government, nationality, access to education and employment opportunities, health care and equality before the law. As of December 2002, the Convention had 170 ratifications.
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.
As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.
Revised papers en comments that were presented at the meeting organised in Maastricht, in October 2002. The aim of the meeting was threefold: to provide input for the CEDAW Committee; stimulate the legal debate on the issue of temporary measures; and contribute towards the promotion of positive action measures in the Netherlands.
This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.
The United Nations Convention on the Elimination of all Forms of Discrimination against Women - as other international instruments - was negotiated in an international and multicultural context by diplomats and politicians from a number of countries. It dealt with a highly sensitive issue, the position and role of women in society and in the political decision-making process. The vast number of extensive reservations to the Convention bear witness to the fact that this is possibly one of the most contentious topics at the international level. Few other core universal human rights conventions have attracted a comparable number of reservations. This unique Guide is an attempt to create a picture of the legal--political background to the Convention. Its basic layout follows the style of a classical commentary with annotations to the individual provisions. These annotations draw on documentary sources from the years of preparatory discussions and negotiations (the travaux préparatoires). It primarily covers the genesis of the Convention, i.e. the drafting and negotiating process up to its adoption in 1979. To enhance the Guide's usefulness, a number of more recent documents have been incorporated, for example, the General Recommendations issued by the Committee on Elimination of Discrimination against Women have been reproduced and references to relevant recommendations have been inserted in the annotations to each provision in question. In addition to this, a number of other documents relative to the interpretation of the Convention have been reproduced in Part III, including lists of ratifications of and reservations to the Convention. Furthermore, lists of relevant global and regional instruments and case law have been compiled.
This book provides a comprehensive introduction to the broad spectrum of human rights issues and violations as they are experienced by women and sexual minorities across civil, political, social, economic, and/or cultural domains, in different regions, countries, and contexts. It offers cogent summaries of concepts, debates, and trends vital to understanding the field and informing practice to advance the human rights of women. The book looks into such issues as: persistent discrimination in political and economic life; gender-based violence in public and private spheres; obstacles to reproductive and maternal human rights; threats to women human rights defenders; discrimination and violence against LGBT people; violations of women's human rights in conflict situations; and the nexus between sustainable development goals, climate change, and the human rights of women. It also addresses human rights violations in the name of culture or religion, and the challenges in realising the human rights of girls. Finally, the volume showcases effective strategies to advance the human rights of women in the form of national remedial measures and through engagement with international and regional human rights bodies and mechanisms.